Meridith Vaughan v. HHS - Hepatitis A, shoulder injury related to vaccine administration (SIRVA) (2021)

Meridith Vaughan filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2019, alleging a shoulder injury related to vaccine administration (SIRVA) from a Hepatitis A vaccine received on April 10, 2018. The respondent denied that the petitioner sustained a Table SIRVA within the specified timeframe or that the vaccine caused or significantly aggravated the alleged shoulder injury.

Despite these denials, the parties reached a joint stipulation for compensation. Chief Special Master Brian H.

Corcoran approved the stipulation as reasonable and adopted it as his decision. The award included a lump sum payment of $7.03 to satisfy a State of Wisconsin Medicaid lien, payable jointly to the petitioner and Wisconsin Casualty Recovery, with the petitioner agreeing to endorse the payment to the State.

Additionally, a lump sum of $80,000.00 was awarded, payable to the petitioner, representing compensation for all damages available under Section 15(a) of the Vaccine Act for injuries allegedly related to the Hepatitis A vaccine. The decision noted that the parties would submit to further proceedings for the award of reasonable attorneys' fees and costs.

The stipulation stated that it was a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and was not an admission by the United States or the Secretary of Health and Human Services that the vaccine caused the alleged injury. Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and the respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.